Mitigating factors are conditions, circumstances, or events that reduce the seriousness of an offense or liability. They can be used to explain the circumstances that led to a wrongdoing or to reduce the severity of a penalty imposed. There are two main types of mitigating factors: internal and external. Internal mitigating factors include mental health issues, emotional distress, addiction, and financial hardship. These factors are usually used to explain why a person committed a crime or why they should not be held responsible for their actions. External mitigating factors include the type of crime committed, the circumstances of the crime, and whether the offender has a criminal record. These factors are used to determine the severity of the penalty and the likelihood of rehabilitation. In both cases, mitigating factors are used to explain the circumstances of an offense or to reduce the severity of the punishment. They are often used in courts to determine the level of guilt or culpability of an offender.
MITIGATING FACTORS
Description
How to fill out MITIGATING FACTORS?
Dealing with official paperwork requires attention, accuracy, and using well-drafted templates. US Legal Forms has been helping people across the country do just that for 25 years, so when you pick your MITIGATING FACTORS template from our service, you can be certain it meets federal and state regulations.
Working with our service is straightforward and fast. To get the required document, all you’ll need is an account with a valid subscription. Here’s a brief guideline for you to obtain your MITIGATING FACTORS within minutes:
- Make sure to attentively look through the form content and its correspondence with general and law requirements by previewing it or reading its description.
- Search for another official blank if the previously opened one doesn’t suit your situation or state regulations (the tab for that is on the top page corner).
- ​Log in to your account and save the MITIGATING FACTORS in the format you prefer. If it’s your first experience with our website, click Buy now to proceed.
- Register for an account, select your subscription plan, and pay with your credit card or PayPal account.
- Choose in what format you want to save your form and click Download. Print the blank or upload it to a professional PDF editor to prepare it electronically.
All documents are created for multi-usage, like the MITIGATING FACTORS you see on this page. If you need them one more time, you can fill them out without re-payment - simply open the My Forms tab in your profile and complete your document whenever you need it. Try US Legal Forms and prepare your business and personal paperwork rapidly and in total legal compliance!
Form popularity
FAQ
Mitigating circumstances. n. in criminal law, conditions or happenings which do not excuse or justify criminal conduct, but are considered out of mercy or fairness in deciding the degree of the offense the prosecutor charges or influencing reduction of the penalty upon conviction.
Any fact or circumstance that lessens the severity or culpability of a criminal act. Mitigating factors include an ability for the criminal to reform, mental retardation, an addiction to illegal substances or alcohol that contributed to the criminal behavior, and past good deeds, among many others.
Typical examples of aggravating factors include recidivism, lack of remorse, amount of harm to the victim, or committing the crime in front of a child, and many others. See also: Mitigating Factor, Criminal Procedure, and the Death Penalty.
What are the 5 mitigating circumstances? Five mitigating circumstances include age, mental state, history of abuse, level of involvement in the crime and lack of criminal record of the defendant. Each of these categories of circumstances can contain many specific factors that result in different levels of mitigation.
Mitigating factors are extenuating circumstances that might lead to a reduced sentence. Aggravating factors are circumstances that increase the defendant's culpability and could lead to an enhanced or maximum sentence.
Mitigating factors include previous good character, remorse or good conduct following arrest, voluntary compensation of victims, a full admission of facts and guilt, duress, very young or old age or minor role in the offence.